State of the World's Children 2013 - Unicef

CHAPTER 4
ESSENTIALS OF
PROTECTION
Children with disabilities are among the most vulnerable
members of society. They stand to benefit the most from
measures to count them, protect them against abuse
and guarantee them access to justice.
Obtaining protection can be a particular challenge
for children with disabilities. In societies
where they are stigmatized and their families
are exposed to social or economic exclusion,
many children with disabilities are not even able
to obtain an identity document. Their births go
unregistered: They might not be expected to
survive, 103 their parents might not want to admit
to them, or they might be considered a potential
drain on public resources. This is a flagrant violation
of these children’s human rights and a fundamental
barrier to their participation in society.
It can seal their invisibility and increase their vulnerability
to the many forms of exploitation that
result from not having an official identity.
States parties to the Convention on the Rights of
Persons with Disabilities (CRPD) have given themselves
the clear obligation to guarantee effective
legal protection for children with disabilities. They
have also embraced the principle of ‘reasonable
accommodation’, which requires that necessary
and appropriate adaptations be made so that
children with disabilities can enjoy their rights on
an equal basis with others. For resulting legislation
and efforts to change discriminatory social
norms to be meaningful, it is also necessary to
make certain that laws are enforced and children
with disabilities are informed about their right to
protection from discrimination and about how to
exercise this right. Separate systems for children
with disabilities would be inappropriate. As with
the other aspects of life and society discussed in
this report, equity through inclusion is the goal.
Abuse and violence
Discrimination against and exclusion of children
with disabilities renders them disproportionately
vulnerable to violence, neglect and abuse. Studies
from the United States have shown that children
with disabilities who are in preschool or younger
are more likely to be abused than peers without
disabilities. 104 A national survey of deaf adults in
Norway found that girls were twice as likely to
experience sexual abuse, and boys three times as
likely, as peers who had no disability. 105 Children
who may already be suffering stigma and isolation
have also been shown to be more likely to
suffer physical abuse.
Some forms of violence are specific to children
with disabilities. For example, they may be subject
to violence administered under the guise of treatment
for behaviour modification, including electroconvulsive
treatment, drug therapy or electric
shocks. 106 Girls with disabilities endure particular
abuses, and in many countries are subject to forced
sterilization or abortion. 107 Such procedures are
defended on grounds of avoidance of menstruation
or unwanted pregnancy, or even ascribed to a
mistaken notion of ‘child protection’, given the disproportionate
vulnerability of girls with disabilities
to sexual abuse and rape. 108 As of the beginning of
ESSENTIALS OF PROTECTION
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